HomeMy WebLinkAboutReso 1994-17483RESOLUTION NO. 17483
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA MAKING APPOINTMENTS AND APPROVING THE FORM
OF PROPOSED ACQUISITION/FINANCING AGREEMENT,
AUTHORIZING THE MAYOR TO EXECUTE
ACQUISITION/AGREEMENT FOR ASSESSMENT DISTRICT 94-1
(EASTLAKE GREENS II)
WHEREAS, the City Council of the City of Chula Vista is considering the formation of
a special assessment district, pursuant to the terms and provisions of the "Municipal
Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State
of California, for the installation of certain public works of improvement, together with
appurtenances and appurtenant work, said special assessment district to be known and
designated as ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) (hereinafter referred
to as the "Assessment District"); and,
WHEREAS, at this time, this legislative body is desirous of making the required
appointments and designating persons to perform certain duties, in order to allow the
proceedings to go forward to completion in accordance with the provisions of law; and,
WHEREAS, at this time, there has been submitted to this City Council for review and
approval, an Acquisition/Financing Agreement setting forth certain terms and conditions, as
well as estimated prices and quantities of work to be installed and financed pursuant to the
above-referenced Agreement.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the above recitals are all true and correct.
That the Director of Public Works is hereby appointed to perform all of the duties and
functions of the Superintendent of Streets as said duties are specified and designated
in the "Municipal Improvement Act of 1913'% being Division 12 of the Streets and
Highways Code of the State of California, for the above-referenced Assessment
District.
That the place for recordation of the assessment roll and diagram shall be in the Office
of the Superintendent of Streets, and said assessment roll and diagram, upon
recordation, shall be kept as a permanent record.
That the Star News is hereby designated as the newspaper for all publications as
required by law and as necessary for completion of this Assessment District.
That the Public Works Director is hereby appointed the Assessment Engineer for said
proceedings, and said Assessment Engineer shall perform all of the duties and
responsibilities as set forth by law as they relate to said Assessment District.
Resolution No. 17483
Page 2
That BROWN, DIVEN & HENTSCHKE, Attorneys at Law, are hereby appointed to act
as Bond Counsel for the purposes of preparing proceedings and issuing an approving
opinion attesting to the validity of the proceedings and the enforceability of the bonds.
That KADIE-JENSEN, JOHNSON & BODNAR are hereby appointed as Financial
Consultant, who shall obtain a proposal or bid for the sale of bonds to be issued in
order to finance said proceedings, and said bonds are to be issued pursuant to the
terms and provisions of the "Improvement Bond Act of 1915/' being Division 10 of
the Streets and Highways Code of the State of California.
That the Acquisition/Financing Agreement, known as document number C094-064,
a copy of which is on file in the office of the City Clerk, is hereby approved
substantially in the form submitted; and the Mayor is authorized to execute such
Agreement for and on behalf of the City. The Mayor, subject to the review of the City
Attorney and Bond Counsel, is authorized to approve changes in the
Acquisition/Financing Agreement deemed to be in the best interests of the City and the
Assessment District, approval of such changes to be evidenced by the execution of
such Agreement. A copy of the final form of such Agreement shall be kept on file in
the office of the City Clerk and remain available for public inspection.
That this legislative body hereby establishes a special improvement fund designated
by the name and number of the Assessment District, and into said fund shall be placed
all proceeds from the sale of bonds and cash collections. In order to expedite the
improvements or acquisition under these proceedings and as authorized by law, funds
from any available source may be transferred into said special fund. Any funds
transferred are a loan to the fund and shall be repaid out of the proceeds of the sale
of bonds, including authorized incidental expenses, as well as costs for the installation
of the authorized public improvements; all as required and authorized by law, and
specifically Section 10210 of the Streets and Highways Code of the State of
California.
Presented by
J hn P. Lippitt
of Public Works
Resolution No. 17483
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of May, 1994, by the following vote:
YES: Councilmembers: Fox, Horton, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: Moore
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverly ~. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 17483 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 10th day of May,
1994.
Executed this 10th day of May, 1994.
Beverly A2'Authelet, City Clerk
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